(A) The director of agriculture may determine that an animal feeding facility that is not a concentrated animal feeding facility nevertheless shall be required to apply for and receive a permit to operate when all of the following apply:
(1) The director has received from the chief of the division of soil and water resources in the department of natural resources a copy of an order issued under section 1511.02 of the Revised Code that specifies that the animal feeding facility has caused agricultural pollution by failure to comply with standards established under that section and that the animal feeding facility therefore should be required to be permitted as a concentrated animal feeding facility.
(2) The director or the director's authorized representative has inspected the animal feeding facility.
(3) The director or the director's authorized representative finds that the facility is not being operated in a manner that protects the waters of the state.
(B) In a situation in which best management practices cannot be implemented without modifying the existing animal feeding facility, the owner or operator of the facility shall apply for a permit to install for the facility.
(C) In the case of an animal feeding facility for which a permit to operate is required under this section, a permit to operate shall not be required after the end of the five-year term of the permit if the problems that caused the facility to be required to obtain the permit have been corrected to the director's satisfaction.
Amended by 128th General AssemblyFile No.12, HB 363, §1, eff. 12/22/2009.
Amended by 128th General AssemblyFile No.9, HB 1, §101.01, eff. 7/17/2009.
Effective Date: 11-05-2003
Note: This section is set out twice. See also § 903.082 , as amended by 131st General Assembly File No. TBD, HB 64, §101.01, eff. 1/1/2016.
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